Terms and Conditions

I. General Terms and Definitions. Any individual or entity receiving any product or service from Hoplite Industries, Inc. ("Hoplite") shall hereafter be referred to as Client. By accepting products and/or services provided by Hoplite Industries, Inc., Client agrees to observe and abide by all provisions, terms, and requirements specified in this document.

II. Billing. Hoplite shall bill Client for services rendered at the published rate of such services at the time rendered. Unless otherwise specified, recurring charges are billed monthly and are due prior to the billed month. Monthly fee for the first month is pro-rated to the end of the month. For each month, thereafter, the full monthly fee is due for any part of a month in which service is provided. Monthly fees are non-refundable. PAST DUE ACCOUNTS WILL BE CHARGED A LATE FEE OF 15% PER MONTH ON ANY UNPAID PAST DUE BALANCE.

III. Disclaimer of Liability. Client acknowledges that Hoplite makes no warranty of any kind, expressed or implied, regarding the reliability or suitability for a particular purpose of its services. Hoplite disclaims any warranty of merchantability or fitness for a particular purpose. Client acknowledges and understands that Hoplite exercises no control over the nature, content, or reliability of the information delivered to Client from the Internet via Hoplite. Under no circumstances shall Hoplite be held responsible for damages or loss suffered by Client, including but not limited to special, incidental, consequential, or punitive damages, as a result of Client's direct or indirect use of Hoplite services including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Client's or Hoplite's or a third party's negligence, fault, misconduct, or failure to perform. Client acknowledges that Internet access service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and outside of the control of Hoplite. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract executed by Hoplite and Client. Hoplite reserves the right to refuse or terminate service to Client at any time.

IV. Client Responsibility. Client is responsible for protecting all account passwords and for any authorized or unauthorized use made of Client's account. Client agrees to comply with the rules appropriate to any network to which Client may gain access via the services of Hoplite. Client acknowledges that any proprietary, confidential, or otherwise valuable information that Client desires to keep confidential should not be transmitted over any part of the Internet, nor resides on computers connected to the Internet. Client will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against Hoplite or its clients. Client agrees that under no circumstances will the Client use Hoplite’s equipment and/or electronic mail addresses in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of Hoplite’s service, equipment or any Hoplite electronic mail address. Client use of Hoplite Xiphos Internet services are subject to security monitoring, inspection and other measures that may be taken to ensure security and continuity of operations.

V. Service Plans and Term Commitment. Client agrees to use services purchased from Hoplite Communications in the way the account is intended. All Xiphos accounts have a term commitment of one year. Client agrees to pay a cancellation charge of one month’s fees for service cancellation prior to line installation. If client terminates service after service provisioning/installation and prior to completion of the term commitment, client agrees to pay 50% of the remainder of the contract. Termination of service must be in writing to Hoplite. Past due accounts are subject to termination without prior notice. To restore service, a reactivation charge will apply. Customer will be liable for all past due charges and any early termination fees if account is not brought current and service restored.

VI. Service Level Agreement. In the event Client experiences a service outage for more than two (2) consecutive hours on Xiphos service and is unable to transmit and receive information from Hoplite’s Internet Data Centers to other portions of the Internet and Client notifies Hoplite immediately of such event and Hoplite determines that such inability was caused by Hoplite’s failure to provide said services for reasons within Hoplite’s reasonable control and not as a result of any actions or inactions of Client or any third parties (including failure of third party equipment), and such inability is not a result of standard scheduled maintenance of Hoplite’s equipment or services, Hoplite will, upon Client’s request, credit Client’s account in accordance with the Master Service Level Agreement (http://hoplite.io/sla.html).

VII. Refunds. If Hoplite cannot supply Xiphos service for any reason, a full refund will be given for any prepaid service fees and equipment returned in new resalable condition. Xiphos service may be cancelled without penalty within thirty (30) days of line installation for substantiated quality of service issues. A full refund will be given for equipment returned in new resalable condition and for any remaining portion of prepaid monthly service charges pro-rated daily. All other payments are non-refundable.

VIII. Acceptable Use Policy This Acceptable Use Policy applies to all Clients using the products and services of Hoplite including Xiphos Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Hoplite network and the products and services Hoplite offers to its customers. Hoplite reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Hoplite's products and services constitutes your acceptance of the Acceptable Use Policy (AUP) in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited? Unacceptable use includes, but is not limited to, any of the following:

  1. Posting, transmission, re-transmission, or storing material on or through any of Hoplite's products or services, if in the sole judgment of Hoplite such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

  2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

  3. Resale of Hoplite's products and services without the express prior written consent of Hoplite (unless you are an authorized wholesaler).

  4. Unauthorized sharing of Hoplite’s products and services with other parties.

  5. Deceptive marketing practices.

  6. Actions that restrict or inhibit anyone - whether a customer of Hoplite or otherwise - in his or her use or enjoyment of Hoplite's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

  7. Introduction of malicious programs into the Hoplite network or servers or other products and services of Hoplite (e.g., viruses, trojan horses and worms).

  8. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

  9. Executing any form of network monitoring that will intercept data not intended for the Client.

  10. Circumventing user authentication or security of any host, network or account.

  11. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

  12. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

  13. Failing to comply with Hoplite's procedures relating to the activities of customers on Hoplite-owned facilities.

  14. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Hoplite's products or services.

  15. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., Email "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial Email or spam.

  16. Harassment, whether through language, frequency, or size of messages.

  17. Unauthorized use or forging of mail header information.

  18. Solicitations of mail or any other Email address other than that of the poster's account or service, with the intent to harass or collect replies.

  19. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

  20. Use of unsolicited Email originating from within the Hoplite network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Hoplite or connected via the Hoplite network.

  21. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded, and the balance of the policy shall remain in effect.

Abusable Resources Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement Hoplite may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or Email. Prior to suspension or termination, Hoplite attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Hoplite reserves the right to suspend or terminate based on a first offense. Hoplite reserves the right to charge fees arising from management or handling of complaints related to alleged violations of the AUP.

Electronic Communications Privacy Act Notice Hoplite makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Hoplite technology and makes no guarantee that any other entity or group of users will be included or excluded from Hoplite's network. In addition, Hoplite may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.